Order of the Court (Eighth Chamber) of 13 December 2021 (request for a preliminary ruling from the Tribunal Superior de Justicia de Castilla-La Mancha — Spain) — Servicio de Salud de Castilla-La Mancha (SESCAM) v BF

(Case C-151/21) (1)

(Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP - Clause 4 - Principle of non-discrimination - Field of public health - Calculation of length-of-service increments - National legislation refusing to take into account, as regards permanent staff regulated under administrative law, for the purpose of calculating length-of-service increments, periods corresponding to activities temporarily exercised in a higher professional category)

(2022/C 119/18)

Language of the case: Spanish

Referring court

Tribunal Superior de Justicia de Castilla-La Mancha

Parties to the main proceedings

Appellant: Servicio de Salud de Castilla-La Mancha (SESCAM)

Respondent: BF

Operative part of the order

Clause 4 of the framework agreement on fixed-term work, concluded on 18 March 1999, which is set out in the annex to Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP, must be interpreted as not precluding national legislation which provides that, for a permanent worker who temporarily performs duties in a professional category that is higher than the one to which he or she belongs, the three-yearly length-of-service increments to which he or she is entitled are those corresponding to that latter category, even though, for a fixed-term worker placed in the same situation, the three-yearly length-of-service increments correspond to those of the professional category in which his or her duties were actually performed.

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(1)  Date lodged: 9 March 2021.